Minnesota Session Laws - 2000, Regular Session

                            CHAPTER 323-S.F.No. 2894 
                  An act relating to occupational safety and health; 
                  classifying certain communications regarding 
                  discrimination complaints as privileged; amending 
                  Minnesota Statutes 1998, section 182.669, subdivision 
                  1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 182.669, 
        subdivision 1, is amended to read: 
           Subdivision 1.  Any employee believed to have been 
        discharged or otherwise discriminated against by any person 
        because such the employee has exercised any right authorized 
        under the provisions of sections 182.65 to 182.674, may, within 
        30 days after such the alleged discrimination occurs, file a 
        complaint with the commissioner alleging the discriminatory 
        act.  Upon receipt of such the complaint, the commissioner shall 
        cause such an investigation to be made as the commissioner deems 
        appropriate.  If upon such investigation the commissioner 
        determines that a discriminatory act was committed against an 
        employee, the commissioner shall refer the matter to the office 
        of administrative hearings for a hearing before an 
        administrative law judge pursuant to the provisions of chapter 
        14.  Communications between discrimination complainants and 
        attorneys representing the commissioner are privileged as would 
        be communications between an attorney and a client.  For 
        purposes of this section, the commissioner shall file with the 
        administrative law judge and serve upon the respondent, by 
        registered or certified mail, a complaint and written notice of 
        hearing.  The respondent shall file with the administrative law 
        judge and serve upon the commissioner, by registered or 
        certified mail, an answer within 20 days after service of the 
        complaint.  In all cases where the administrative law judge 
        finds that an employee has been discharged or otherwise 
        discriminated against by any person because the employee has 
        exercised any right authorized under sections 182.65 to 182.674, 
        the administrative law judge may order payment to the employee 
        of back pay and compensatory damages.  The administrative law 
        judge may also order rehiring of the employee; reinstatement of 
        the employee's former position, fringe benefits, and seniority 
        rights; and other appropriate relief.  In addition, the 
        administrative law judge may order payment to the commissioner 
        or to the employee of costs, disbursements, witness fees, and 
        attorney fees.  Interest shall accrue on, and be added to, the 
        unpaid balance of an administrative law judge's order from the 
        date the order is signed by the administrative law judge until 
        it is paid, at the annual rate provided in section 549.09, 
        subdivision 1, paragraph (c).  An employee may bring a private 
        action in the district court for relief under this section. 
           Presented to the governor March 31, 2000 
           Signed by the governor April 4, 2000, 3:32 p.m.